On the last day of the 2024 term, the Supreme Court issued its long-awaited decision in Loper Bright Enterprises v. Raimondo that overruled the seminal decision regarding agency deference, Chevron v. Natural Resources Defense Counsel. Chevron provided that courts were required to uphold an agency’s reasonable interpretation of an ambiguous statute, even if it was not the best interpretation. The stark difference in opinions shed light on the stakes. According to the majority, Chevron was “fundamentally misguided.” Justice Gorsuch said Chevron undermined the Founder’s international decision to place the judicial power out of the hands of the executive. On the other hand, the dissenters predicted “massive shock to the legal system,” and claimed the judiciary now had appropriated “exclusive power over every open issue.” So who is right? What is Chevron? Where does it come from? Why does it matter? What is the future of agency deference post-Loper Bright?

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